The African Principles on the Law Applicable to International Commercial Contracts – a first drafting experiment

This article contains the first draft of the envisaged African Principles on the Law Applicable to International Commercial Contracts. The drafting of various sets of African Principles of Commercial Private International Law is a project of the Research Centre for Private International Law at the University of Johannesburg. The future sets of principles, in the form of model laws, could be used by national legislators on the continent and African economic integration organisations, particularly the African Union, in, respectively, domestic legislation and regional or supranational laws of a soft or binding nature. The existence of a reliable transnational legal infrastructure in respect of international commercial law, including commercial private international law, is a prerequisite for investor confidence, inclusive economic growth, sustainable development, and the ultimate alleviation of poverty on the African continent. The proposed sets of African Principles may contribute to sustainable growth on a long-term basis. The regulation of private international law of contract is essential in the further development of the African Continental Free Trade Area, which was established in 2018. Academics and other interested parties are invited to provide comments on the draft below before the end of June 2021.